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| Relevance of Criminal Conduct and Security Clearances |
by William Henderson for ClearanceJobs.com - January 26, 2009
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AFFECTED PERSONS
The “Criminal Conduct” criterion in the Adjudicative Guidelines For Determining Eligibility for Access To Classified Information affects security clearance applicants who have been arrested, charged or convicted of a single serious crime or multiple lesser offenses. Others who have intentionally provided false information on their clearance application forms, who have had illegal drug involvement, or who have been involved in previously unreported crime can also be affected. Over the years Criminal Conduct has consistently been among the 4 most common reasons for security clearance denial.
SECURITY CONCERN
The Adjudicative Guidelines states that “Criminal activity creates doubt about a person’s judgment, reliability and trustworthiness. By its very nature, it calls into question a person’s ability or willingness to comply with laws, rules and regulations.” Because of the high rate of adult recidivism, this issue is perhaps one of the best predictors of future compliance with rules for handling classified information.
CRIMINAL OFFENSES
Criminal offenses are divided into three categories—infractions, misdemeanors, and felonies. For security clearance purposes, an infraction is a crime for which the maximum possible penalty is a fine; a misdemeanor is a crime for which the maximum possible penalty is incarceration for up to 1 year; and a felony is a crime for which the maximum possible penalty is incarceration for more than 1 year.
The “Questionnaire for National Security Positions” (Standard Form 86—SF86) asks if an applicant has ever been charged with a felony offense or any offense involving alcohol, drugs, firearms or explosives. It also asks if an applicant: 1) has been arrested within the past 7 years (10 years for Top Secret clearance), 2) has been subject to court martial or other military disciplinary proceedings, or 3) is currently pending some court action for a criminal charge or offense.
The distinction between “arrested” and “charged” can be important for anyone arrested more than 7 or 10 years ago for a felony or any offense involving alcohol, drugs, firearms or explosives, but not formally charged with one of these offenses. Applicants often mistake the charge or offense listed on the police report as a charge that must be listed on the SF86. Since a charge can be changed or dropped between the time of an arrest and the defendant’s initial court appearance, the best definition of a “charge” for SF86 purposes is any accusation of criminal conduct as it is initially presented at court.
For SF86 purposes an arrest is any situation in which a law enforcement officer restricts a person’s freedom, then either takes them into custody or releases them on their promise to appear in court (i.e. issues a citation). Under this definition a traffic offense resulting in a citation is technically an arrest; however, minor traffic citations resulting in a fine of $300 or less can be omitted from the SF86, unless they involved drugs or alcohol.
There are certain circumstances where a person can be taken into custody, but not technically arrested. This typically occurs when a person is initially arrested for being drunk in public, placed in a jail cell until sober, then released without any conditions or further action. In their report police record this as a detention not amounting to an arrest (or some similar wording). It is strongly recommended that such incidents be disclosed in the appropriate comment section of the SF86.
In the SF86 there is an exception that permits withholding information about certain expunged drug convictions. This exception only applies to drug convictions and expungement orders in a federal court. Consequently, clearance applicants must list all applicable dismissed charges and convictions even if the record was sealed, expunged, or otherwise stricken from a state or local court record.
COMPLIANCE WITH BOND AMENDMENT
The Bond Amendment (50 U.S.C. 435b, Section 3002), which became law in January 2008, prohibits all federal agencies from granting or renewing eligibility for access to Sensitive Compartmented Information, Special Access Programs, and Restricted Data for anyone who has been: 1) convicted, sentenced, and incarcerated for a term exceeding 1 year for any crime or 2) discharged/dismissed from the Armed Forces under dishonorable conditions. As a practical matter, due to the inability to always predict future access to Restricted Data, these Bond Amendment restrictions may be applied to the adjudication of all levels of security clearances. In many agencies senior adjudicators have the authority to waive these Bond Amendment restrictions. When an adjudicator would have arrived at a favorable decision but for a Bond Amendment disqualification, the adjudicator may grant a meritorious waiver if deemed appropriate.
CRIMINAL ASPECTS OF OTHER ADJUDICATIVE CRITERIA
A knowing and willful false statement made in connection with a security clearance application is a felony. Normally this offense is considered under the Adjudicative Guidelines’ “Personal Conduct” criterion, which specifically addresses this issue. However adjudicators can cite both Personal Conduct and Criminal Conduct for this single criminal act. Likewise, an adjudicator may cite Criminal Conduct in addition to Alcohol Consumption, Drug Involvement, or Sexual Behavior when there has been a single felony or multiple misdemeanor offenses at least one of which involved alcohol, drugs, or sexual conduct.
William H. Henderson is a retired security investigator, author of Security Clearance Manual, and regular contributor to ClearanceJobsBlog.com and ClearanceJobs.com. Copyright © 2009 Last Post Publishing. All rights reserved.
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| Malcom (MD) |
on 19 Nov 2009 at 4:32 pm |
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| While on active duty I plead guilty to larceny (over $500), fraud, and conspiracy for taken a little too much TDY. I believe I still possess a Top Secret Clearance with SCI but unsure. I served 90 days in military confinement. I have not got a definite answer from any lawyer on if the charges will show up publically, and if it would be considered a felony or misdemeanor. Also I am curious if I will lose my clearance. The offense happen over a 1.5 years ago. |
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| Dave (san francisco ca) |
on 17 Nov 2009 at 5:57 pm |
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Thank you Bill and Mr William Henderson. For running this and it is so help full for people like me.
I will definitely buy your book William Henderson |
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| Bill L. (Annapolis, MD) |
on 17 Nov 2009 at 12:53 pm |
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Dave (San Francisco CA)
You have raised several questions which I will try to answer in order. First, in my opinion, your single incident of criminal conduct should not result in a clearance denial. Second, you state your 1997 arrest was a misdemeanor. Therefore, the felony question does not apply and can be answered “no”. Third, the SF 86/eQIP questions regarding non-felony criminal conduct are restricted to the past 7 years for a NACLC (for a Secret clearance) and 10 years for a SSBI (for a TS clearance), and your 1997 arrest does not fall into either of these time frames. Finally, any information you put on your SF 86/eQIP will be reviewed by someone in your company for completeness. You can not be terminated for listing past criminal conduct unless you lpreviously lied about it on employment forms. It is a violation of the National Industrial Security Program Operating Manual (DoD 5220.22-M) to use such info for other than security processing. Good luck. |
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| William Henderson (Pacific Grove, CA) |
on 16 Nov 2009 at 11:09 pm |
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Eduardo:
Yes. Sexual harassment at work can be a potentially disqualifying condition for a security clearance. All military officers must be eligible for a Secret clearance. Professional employment at the FBI usually requires a TS clearance.
Workplace sexual harassment is covered at Guideline E: Personal Conduct of the Adjudicative Guidelines. Potentially disqualifying conditions include: (2) disruptive, violent, or other inappropriate behaviors in the workplace and (3) a pattern of dishonesty or rule violation.
That doesn't mean that you will be denied a security clearance just because of an allegation of sexual harassment. The nature of your conduct and the circumstances surrounding your conduct will have to be evaluated in light of all other aspects of your life. |
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| William Henderson (Pacific Grove, CA) |
on 16 Nov 2009 at 10:57 pm |
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Kevin:
No. Probation and imprisonment are two completely different things. In fact misdemeanors by definition are offenses that carry a maximum sentence of less than one year in jail. Here is what usually what happens when a person is found guilty of a misdemeanor offense. The judge sentences the person to xx days in jail, then suspends the sentence and places the person on x months or x years of unsupervised (summary) probation. The terms of the probation can be: pay a fine of xx dollars, perform xx days of community service, attend a class, and obey all laws for the period of the probation. If the person violates the terms of probation, the judge can impose the original sentence that was suspended. |
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| William Henderson (Pacific Grove, CA) |
on 16 Nov 2009 at 10:42 pm |
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Fabi:
You must list your illegal drug charge regardless of whether it was expunged at the local, state and federal levels. The only exception to this rule is when a person is charged in federal court for violating a federal drug law and the case is later expunged. This exception does not apply to you, because your offense was charged in a state/local court as a violation of state law.
Sometime early next year a new SF86 will be issued and the question regarding drug-related offenses will be changed and limited to only 7 years. |
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| Fabi (IN) |
on 15 Nov 2009 at 1:39 am |
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Mr.Henderson:
I was arrested for Marijuana charges when I was a minor.
My record is getting local, State, and FBI expungement.
Meaning that fingerprints will not be in the database system, I talked to the FBI about this and they said that I could still join the Military, since my record is expunged at the FBI level and that I am only seeking secret clearance. They only go back 7 years and I would have been 9years at time of Expungement.
plus, I live in a different location now.
Do I have to have my record expunged in a federal Court in say No on sf-86?
any thoughts or advice is appreciated. |
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| kevin (san diago,ca) |
on 13 Nov 2009 at 5:08 pm |
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Is there any time frame the new proposeds Form sf86 form which is on draft now will be used.
I am OK with the current SF 86 version 2008. But I have an issue Draft SF 86 for 30-day Federal Register Notice. When is the OPM going to start the new form
The concern which I have is on the form under the police record says " Have you ever been convicted in any court of the United States of a crime for which you were sentenced to imprisonment for a term exceeding one year?
I had misdemeanor 11 years a go and fined for $400 and 2 years probation. My question is did a probation considered imprisonment and this may impact me in getting Security Clearance. and when are they going to use the new version of sf86 form
thanks |
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| Eduardo (Utah) |
on 12 Nov 2009 at 10:37 pm |
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I was fired from my job due to sexual harassment allegation, I made the mistake to get involve with somebody at my job then things got ugly and she did the best for her and get me fired, I have no criminal record, even my employment record is good but this situation is the only thing that I don't know if will be a problem to obtain a TSC and work for the FBI.
Can you tell me if this is something that can affect my opportunities to work for the FBI or join the ARMY as an officer?
Thanks |
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| Dave ( San Francisco ca) |
on 12 Nov 2009 at 10:14 pm |
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I worked for this company for 15 years no SC required. But now my company get contract and requires a Secret Security Clearance. There is opening for a position which is I am qualified and I was told by my company to fill out FS86 form to get a security clearance ( I have the option not to do so and I will not get the new position which is bud prevent me from growth)
Here is my concern 1997 I was charged with a misdemeanor this was solicitation on sex PC647B. Was fined $450 paid, five days community service and Completed the one year probation with out any problem. Since then I never had any problem at all. And I did expunge this in 2004
Here is my concern 1) did this prevent me from getting security clearance. 2)what would be your advice on answering this question The question on the form (SF 86/eQIP) is “Have you ever been charged with or convicted of any felony offense?” 3) Will my employee have access to the information I put on sf86 form.
I don’t want to loose the current position by trying to get the other position which require SC. I really need your help |
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| William Henderson (Pacific Grove, CA) |
on 06 Nov 2009 at 10:04 pm |
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MMM:
No, it's not an easy decision. They are trying to evaluate your willingness to comply with rules and regulations. The main concern is not whether you will sell secrets to a foreign power; it whether you will follow security procedures and properly safeguard classified material. In your particular case they are also evaluating your suitability for employment as a Special Agent, which is a completely separate determination--perhaps with higher standards than required for a security clearance. I recommend you read my article on "Employment Suitability Versus Security Clearances."
According to the FBI, they are completing clearance processing for Special Agent applicants in an average of 63 days for the fastest 90 percent. |
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| William Henderson (Pacific Grove, CA) |
on 06 Nov 2009 at 9:52 pm |
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Cameron:
I recommend you read the 2nd part of this article (see the link at the top right corner of this webpage), particularly the section that deals with rehabilitation. You currently have a chance of getting a clearance, albeit only a poor to fair chance. You rchance of getting a clearance in the future will improve. The more time that goes by without any criminal conduct, the less likely you will be involved in criminal conduct in the future. A security clearance determination is an attempt to predict future conduct based on past and current conduct. |
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| Cameron (SLC, UTAH) |
on 03 Nov 2009 at 12:56 am |
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| I am very concerned for my future as I made several mistakes when I was younger. I am almost 29 and 5 years ago in 2004 I was charged with three misdemeanors. Two came from the same arrest; Disorderly conduct and a threat charge. The other one was a larceny charge I received after using a check card that didnt belong to me. I currently hold a bachelors degree in Computer Science and have been applying to many jobs that require a security clearance. I dont believe my chances are that great at this point, but, however, will they be better with time? Or am I out of luck indefinately trying for a job that requires a type of clearance? |
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| mmm (ny) |
on 30 Oct 2009 at 10:56 pm |
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I am in the BI stage for SA position with FBI.
I am told I am close to final approval. Last follow up question I had was asking about my traffic violations. Apparently I have had 10 over the last 15 years. All were either simple speeding or improper turn, not coming to a complete stop. At least 3 or 4 were dropped in court. 2 were just warnings and others I took school for.
My license currently has no points or anything on it. Last ticket was a year ago.
Will this prevent top secret clearance? I have passed everything else. I have been in BI for 7 months. Why wouldn't they make a decision on traffic violations sooner, isn't that a easy decision one way or the other? |
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| Bill L. (Annapolis, MD) |
on 27 Oct 2009 at 10:26 am |
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Not an Alcoholic,
Your stated abuse or alcohol/alcohol-related criminal conduct appears to be sporadic, not habitual. Your “life skills counseling” and reduction in alcohol consumption are good actions on your part and will be looked at as favorable mitigating actions. Additionally, your access to alcohol while deployed will be very limited. I am sorry for your situation. Obviously, your employer either neglected to inform you about clearance requirements or did not do a good job in your in-processing. My opinion is that you will eventually get a clearance eligibility, but how long that takes is unknown. Good luck. |
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| Not an Alcoholic (midwest) |
on 22 Oct 2009 at 11:13 am |
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| So if i am denied an interim, do you think i will be able to get my final? I have been doing some life skills counseling since my last DUI arrest (about 6 months or so). This has taught me to plan when i do drink and has also gotten me to not drink or drink N/A beer when doing activities that i normally associate with drinking. I am kinda aggrevated about all of this. This being the fact that i leave in 2 weeks and we are just now starting this. I have everything done and in order. Medical, immunizations, passport, visa, and all the required training. Ive sold my house and have turned down some potential jobs to do this. Im not understanding why this is just being started now and not 2 months ago when i was selected. I am very stressed about this. |
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| Too Many Skeletons for Public Forum (USA) |
on 20 Oct 2009 at 3:52 pm |
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Mr. Henderson,
I would like to obtain your advice privately via your private Q&A service, because I don't want my dirty laundry aired all over the internet. I did see that you still require my full name, address and phone number to use this service, and I'm a little apprehensive about why. Is this information going to be passed on in any way? Am I going to have to worry about its becoming part of my SSBI and adjudication later on (yes, I understand that I will have to disclose all of that information anyway)? Worse yet, if I decide I have no chance and opt not to try and obtain clearance, is divulging this sort of information going to hurt me in any way? |
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| Bill L. (Annapolis, MD) |
on 20 Oct 2009 at 1:30 pm |
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Not an Alcoholic (midwest)
You raise several questions. First, the question on the SF 86/eQIP asks “Have you EVER been charged with any offense(s) related to alcohol or drugs?” Obviously, you need to answer “yes” and list all alcohol-related arrests. The 2 DUIs will probably show up on your FBI check. My opinion is that you will be denied an interim. My opinion also is that OPM will be unable to complete your investigation due to your location overseas where they have not had investigative assets/authority. Normally, criminal conduct incidents require the investigation be expanded to include a personal interview. If they are able to complete the investigation, some adjudication facilities do process adverse clearance actions (intent to deny clearance) even for deployed personnel and some do not. Your orders for deployment should state if you need a clearance for the duties you are expected to perform. If you are military, you could be detailed to uncleared duties. If you are a civilian/contractor, you could be sent home. Your security manager should have access to JPAS and can monitor the progress of the investigation and adjudication. Good luck and keep your head down. |
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| Not an Alcoholic (midwest) |
on 19 Oct 2009 at 9:32 pm |
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| I leave for Afghanistan in a couple of weeks and am just now being told about doing the security clearance form SF-86 and will be getting the fingerprint thing in the mail. I am really nervous about this as i have had many run-ins due to alcohol. First question is do i have to report incidents over 7 years? I had a dui 6 months ago and another one about 7 years ago. I also had 2 mips before i was 21 and a open container when i was 21 or 22. I am 30 years old now and everything happened back in my college years except the recent. I took an evaluation and wasnt required to goto treatment. I am a social drinker that drinks primarily on the weekends, but definitily not every. My questions are, is it possible to obtain my clearance? Interim? What if im already over there and they deny me my clearance? How long will it take to know if i will get clearance? Is it possible that i will be able to have the job if i dont get clearance? Thanks |
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| Patrick (Newark, DE) |
on 14 Oct 2009 at 9:53 pm |
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I am currently being recruited for a position at a defense contractor and like many people my past is somewhat flawed. So that you know what I am dealing with I explain the whole story below. I am extremely embarrassed this occurred but I have done my best to get my life back on track and I think I have done a good job so far.
When I was 17 after many drinks I had some sexual activity at a party that I deemed consensual, however, the next day I was arrested for sexual assault. Apparently after I left the party, the female was beaten by her boyfriend (which I was unaware she had and unaware he was at the party) and she ran out of the house and was picked up by a passer by and brought to the hospital. When asked if the sexual activity was consensual she responded no. I plead guilty to sexual assault in the third degree, a class D felony in my state. I was given 3 years probation and never incarcerated. I would like to point out that there were many mitigating circumstances in this case and the fact that I was never incarcerated and that I was only charged with a class D felony should speak to that. I was also pardoned of the offense a few years ago.
I am now 33, have not had any other involvement with the police other than some traffic tickets and have decent credit, some school loans and a couple of late payments while I was a starving grad student but not for years. I obtained a PhD in Electrical Engineering and no drug use since I was a teenager. So like everyone else here, I want to know my chances of getting an interim and final security clearance especially since I was granted a pardon? Also, this happened so long ago, how do I obtain the records so that I know exactly what to disclose? |
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| dave (athens) |
on 08 Oct 2009 at 11:21 pm |
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| I am in the process of comepleting my associates degree in foreign languages (spanish/arabic). I want to join the army or navy reserve and serve as a linguist/translator, but i have had two previous misdeamor convictions or marijuana.On the first conviction I was not taken into custody but issiued a ticket ( i was with a friend of mine and he got pulled over with me in the car, and the police found the marijuana and i told them it was mine because os was) I was not finger printed, but i did have community service, probation, fines, ect. The second offense was 12/30/05 and was caught and arrested or the exact same offense, and recieved 1 year probation, comunity service, fines, ect. I have since cleaned up and have not used drugs or gotten in any trouble save for a few speeding tickets which have been paid. However i recently requested a criminal background check on my self from the local police department and there is only one thing on there the second marijuana dismeanor conviction. Is there any way possible for me to gain TS so that i can have one of these jobs with the military. |
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| Bill L. (Annapolis, MD) |
on 01 Oct 2009 at 12:41 pm |
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Dice,
It appears that after a traumatic teenage time, you now have things together. First, whatever information you list on your SF 86/eQIP is for security processing only. This information should be protected by your security manager and is not for discussion/publication to others in the unit. If you list something like “I do illegal drugs daily and have crack in my pocket”, the security personnel may be bound to inform the commander as a safety issue to protect others in the command. Otherwise, your information is private and for investigators to check out.
Questions on the SF 86/eQIP are usually specific, such as “in the past 7 years…” or “have you ever..”. You should follow these questions and any instructions by the security manager in completing the form and be honest on all questions. If the incidents you describe are the sole issues in your life, they should not stop you from being granted a clearance eligibility. Lastly, investigators are not supposed to interview family members regarding your background except to verify periods of unemployment/residence or if referred by other references. Good luck. |
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| Bill L. (Annaplois, MD) |
on 01 Oct 2009 at 12:29 pm |
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Budda (Utah),
Unfortunately, I do not see an immediate favorable outcome for you. Generally, as long as there is an ongoing judicial proceeding, adjudicators will not render a final favorable determination. Working with your attorney is the key and asking him to provide final disposition of your case to the adjudicators may be of benefit. Also, remain vigilant on your bankruptcy payments and provide status reports on your compliance to the adjudicators. Good luck. |
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| Bill L. (Annapolis, MD) |
on 01 Oct 2009 at 12:22 pm |
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Someone (Utah),
The question on the form (SF 86/eQIP) is “Have you ever been charged with or convicted of any felony offense?” Regardless of the judicial outcome (dismissed, probation before judgment or convicted of a lesser offense), if the initial charge was a felony, he must list it. It will probably show on the FBI check, so I suggest he list it and explain when questioned. I do not think this single offense will prevent him getting clearance eligibility. Good luck. |
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| someone (utah) (utah) |
on 28 Sep 2009 at 3:10 pm |
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| My husband has had an interview with a company that contracts for the DoD. 14 years ago (he was a stupid 17 year old) he committed a sex offence. He was convicted 10 years ago for it with a misdemeanor. He is very qualified for the job, but worried that the background check will either not get him the job, or not get him the security clearance needed for it. He is a very good man and very embarrassed by his record. Does anyone know anything about this? |
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| Budah (Utah) |
on 25 Sep 2009 at 11:24 pm |
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| I work overseas and applied for a security clearance for another job. I was denied clearance due to a charge that I was unaware of. I am in a bankruptcy and included every debtor that I knew and one of the debtors filed criminal charges against me that I was unaware of until I got the clearance and so it seems as though I lied on my clearance application, but I was not aware of the charge, I have not been to court or anything because I am overseas. I am working with an attorney over the phone to try and get this cleared up, they told me that they may be able to get it reduced to a misdemeanor...will this and/or my chapter 13 keep me from getting a secret security clearance? If I loose my job I won't be able to repay the debt that should have been in my bankruptcy. Is there any why I can fix this? Please provide any assistance...thanks! |
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| dice |
on 15 Sep 2009 at 10:01 pm |
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| another question: will my employer (potential supervisor) or other colleagues have access to the details of my security clearance process/investigation/forms? does this apply even if I pass clearance, or if I don't pass clearance? Thank you. |
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| dice |
on 15 Sep 2009 at 9:54 pm |
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| I am being recruited for a position that requires TS/SCI clearance. I have great credit, an American husband, and a recent PhD degree. However, I have a few factors that make me leery of this process. 1) 18 years ago, my h.s. friends and I were caught with alcohol on our breath at a subway sandwich place. the cops came, called our parents, took us to the station where the parents picked us up, and that was it. no community service or fine. I was 15 at the time. was that even an arrest? do I have to report that? 2) I was hospitalized for a suicide attempt shortly therafter (at 16). It was idiotic. I was released per law, after 72 hours. This was shortly after my mother's own suicide and a series of other family traumas. 3) I have otherwise no history of any issues, but life certainly looks complicated on paper--deceased mother, my two "reactive" incidents, and I am not close with my family nor would I expect a rave review from them, as our relationship has always been tenuous or hostile. No criminal or questionable incidents or events since 18 years ago during that very difficult time in my childhood. Do I report events from 18 years ago/how do I report them tactfully/will they be uncovered anyway? Do I stand a chance? |
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| Bill L. (Annapolis, MD) |
on 08 Sep 2009 at 2:07 pm |
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Drew (MD),
OPM investigators have limited access to medical records under both their own guidelines and the HIPAA (Health Insurance Portability and Accountability Act). In most cases, medical records checks involving mental health and/or alcohol/drug abuse are reviewed by a medical professional who provides responses to limited questions from the investigator. The investigator's basic question is "Does the person under investigation have a condition that could impair his or her judgment, reliability or ability to properly safeguard classified national security information?' If the answer is no, the check is complete. If the answer is yes, the followup question is "If so, describe the nature of the condition and the extent and duration of the impairment or treatment. What is the prognosis?" If the information gathered during this process is a concern to the adjudicator, they can request an independent medical evaluation by a credentialed medical professional to help resolve the issue. |
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| drew (md) |
on 04 Sep 2009 at 5:08 pm |
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| can these guys look up my medical records? |
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| concerned |
on 04 Sep 2009 at 8:58 am |
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| I've been hired for a job with the department of commerce. The position requires a preliminary security clearance and I recently completed the SF-85P form. Section 11 asked about drug use within the last year, and I disclosed that smoked marijuana once. My answers up to this point have been completely honest, but I'm concerned that they will ask me about prior drug use in my security interview. I used cocaine once a year and a half ago and occasionally used marijuana up until a year and a half ago. Do I need to be concerned? Thank you. |
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| drew (baltimore) |
on 02 Sep 2009 at 2:47 pm |
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| Yeah, I really hope not. I was looking into the IT jobs yet again today, and most of the jobs that are Cryptologic Techncian - (insert speciality here) had a Top Secret clearance level. There is an IT (information systems specialist) job, which actually the one that i wanted that only requires a Secret clearance. Since I was being told that I couldn't do IT or Intelligence, that I qualify for the hardest program to be eligible for/get into, which was the Nuclear Engineering program, being a mechanic, electrician, or electronics tech. These jobs require Secret, which I already have an approved waiver for. So, I'm pretty sure that I can get secret, but it'd be even cooler if I could get Top. Also, the Air Force seems to have way cooler computer jobs... but I kinda want to spend time on a carrier. |
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| Bill L. (Annapolis, MD) |
on 01 Sep 2009 at 11:49 am |
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Drew (Baltimore),
Your offense should not prohibit you from getting a clearance. It sounds relatively minor in nature and is now over 2 years old. However, it is important to list this offense on the forms. The instructions regarding criminal conduct questions tell you to "report information regardless of whether the ... charge was dismissed." Regardless of the judicial outcome of the case, it will probably show up during the criminal record check or FBI check. |
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| drew (baltimore) |
on 01 Sep 2009 at 1:03 am |
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| In June of 2007, I was charged with possession of 1g of marijuana. I completed a 6-month program to avoid a conviction and succeded in doing so, resulting in a nolle prosequi. I am attempting to join the navy with an IT job since I am already halfway to my computer science degree (over 60 credits) will this charge bar me from a top secret clearance (required for the jobs i am seeking) even though i was never convicted? |
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| Roger (MI) |
on 31 Aug 2009 at 8:18 pm |
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Thank you very much, Mr. Henderson. When I preciously applied for clearance two years ago, I added the expunged case in the additional information section because it was more than 7 years ago at that time.
In form SF86 I did not see any section where you can additional information. Because this case was over 12 years ago, even though I am not required to include it, should I be better off sending a letter with this additional information?
My previous application, which could not be completed, has this information. So I may be asked why I did not include it in the current filing but had included earlier. Because of this and because I do not want any hassles in the future, I am thinking I should send a letter along stating this additional information (12-year old incident).
Am I adding unnecessary complexity to my application?
Thank you for your service to many of us. |
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| greg baler (austin texas) |
on 31 Aug 2009 at 12:24 am |
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| I was charge with intent to sell cocaine in 1999 and served jail time and am currently on probation. I was told by a friend currently in Iraq that the conviction wouldn't impede me being able to get a security clearance. Is this true? I have not had any other issues and for any local jobs i always pass the criminal background check. I've just been contacted about work in Afghanistan and was asked if i had a security clearance. I don't but i'm curious to see if i'll even be able to get one? |
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| William Henderson (Pacific Grove, CA) |
on 29 Aug 2009 at 4:13 pm |
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Roger:
I always advise people to provide truthful and complete answers to all questions on a security form and during a security interview, because it is the right thing to do and because it is required by law. There’s also another good reason for this doing this. Most of the information people intentionally withhold usually won’t result in a clearance denial. The act of intentionally withholding relevant information is usually 10 times more serious than the information they withheld. Most misconduct can be mitigated by “passage of time without recurrence.” Falsifying a security form is a current issue and because of its recency, is very difficult to mitigate. A person must list on their clearance application form (SF86) all offenses even if the court case was sealed, expunged, dismissed or otherwise stricken from the record. But there are exceptions. If your misdemeanor conviction was not for an offense that involved alcohol, drugs, explosives, or firearms and the conviction occurred more than 7 years ago (10 years for a TS clearance), you don’t have to list it on the SF86. I recommend answering the questions on the SF86 accurately—list what you are required to list and don’t include unfavorable information that is not required. Based on the information in you question, you are no longer required to the offense on an SF86. |
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| Roger (MI) |
on 27 Aug 2009 at 10:38 pm |
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It is very nice of you to patiently reply, Mr. W. Henderson. I had a misdemeanor for unauthorized use of property over 12 years ago for an incident at a grocery store. I was foolish and defensive that led me to the charge. Anyway, I had the charge expunged and sealed 10 years ago.
When I got a job with a defense contractor two years ago, I had informed them about this (for full disclosure) prior to applying for security clearance. I had couple of interviews. Few months into the process, the funding was cut and the contractor had to retract the job. The clearance was not completed and I did not hear anything about it. It was possible that the clearance process was nearing completion, because my company and supervisor had been contacted.
Now, I may have a government job that requires clearance. Should I inform the HR about this prior to applying for clearance - in the event that I get the job? This incident will not be in public records - because of the expungement. Also, will the incident cause problems with the clearance? There are no other problems in my record. Thank you. |
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| Bill L. (Annapolis, MD) |
on 25 Aug 2009 at 8:05 am |
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Afraid to Disclose (Virginia),
Afraid or not, it is essential that you not falsify your application forms. These incident will be uncovered during the FBI name and fingerprint checks. Whether you receive an SCI access eligibility is hard to say. Most agencies requiring SCI and a poly are very selective in hiring personnel but if you have the skills the agency is looking for, that weighs heavily in the decision. Good luck. |
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| afraid to disclose (Virginia) |
on 24 Aug 2009 at 9:30 am |
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| I was charged with a felony in 1993 that was reduced to 5 misdemeanors. In 1994, I was charged with a DUI, reduced to Reckless Driving. I was 23 and 24 when these incidents took place, I am now 39. There have been no inicidents since. Should I even bother applying for a job that requires SCI with CI poly? |
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| Bill L. (Annapolis, MD) |
on 11 Aug 2009 at 9:00 am |
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Terrol (Washington),
If you have no issues since 1974, you will probably get your clearance eligibility approved. However, the question on the form (SF 86/eQIP) asks "Have you EVER been charged with any felony offense?" and you should answer "Yes" with an appropriate explanation. An FBI check will probably list the 1974 offense and you do not want falsifying a Government form to become an issue. Good luck. |
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| Mark (Florida) |
on 10 Aug 2009 at 7:12 pm |
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Ok. In 1993 I was charged with Grand Theft. I plead not guilty and received 1 year of probation and 120 hour of community service. The short version of the story is:
I worked at a comapny who sold software and support for a trash hauler software. A customer who was about to end their maintenance asked if I would start working on their workstations. I said yes, they sent me one and I had to rebuild it. When I rebuilt it I inadvertantly restored a newer version of the software, the company I worked for found out, fired me and then charged me with grand theft.
I was 29 at the time, have worked in the industry since then without issue and have no other issues on my criminal background.
I WILL absolutely disclosure the incident but I was wondering if anyone had any feedback on my chances to clear a secret clearance check?
Thanks folks |
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| Terrol (Washington) |
on 10 Aug 2009 at 5:37 pm |
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| I am moving to a job that requires a secret clearance. In 1974 i was convicted of felony attempted armed robbery. I was a dumb 19 year old that didn't have a clue as to what i was getting myself into. I did 9 months of county time. Since then, I have been a model citizen with no issues at all. Do you see any problems? Do they actually go back 35 years? |
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| William Henderson (Pacific Grove, CA) |
on 03 Aug 2009 at 4:00 pm |
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| Desperate Help: You need to report this matter to your security manager or FSO asap. I can't give an opinion on the impact this can have on your TS clearance, because you did not say what happened, only that it was a huge mistake. Who made the mistake--you or the person who made the allegation against you? |
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| Desperate Help (WashingtonDC) |
on 30 Jul 2009 at 4:16 pm |
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| I have had a TS for the last 6 months, last week I got arrested and charged with a Larceny charge for an item over $200.00 It was a huge mistake, I got my lawyer involved and the case is still pending. My lawyer tells me that this case will eventually get dismissed but how will this affect my clearance. Will I get revoked, I am very concerned. |
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| skinnydog (US NAVY) |
on 25 Jul 2009 at 6:53 pm |
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| you must still tell them. dont worry it will look better that you told them and got it out of the way right from the start instead of them finding out you lied or neglected to tell them about it later. They do a FBI background check and will see it, no ifs ands or buts. Be upfront and just write it on the form. But be prepared to at least briefly discuss the convictions. |
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| William Henderson (Pacific Grove, CA) |
on 23 Jul 2009 at 9:46 pm |
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Ashley:
Actually question #22b of the SF86 asks, "Have you been arrested by any police officer . . . ." The question is limited to the last 7 years for a Secret clearance and 10 years for a TS clearance.
It also seems highly doubtful that you were not charged with a criminal offense. Before a case can be expunged or sealed, there has to be a case. There has to be a criminal charge in order for a case to be docketed. |
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| ashley (virginia) |
on 22 Jul 2009 at 1:45 pm |
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| i am applying to the coast guard. I have passed through MEPS and all i have to do is fill out the SF86. All questions have listed have you been "charged". and i never have. but in this last step they actually say have you any cases that have been expunged or sealed. and i have two of those which i was a minor when i received them. i don't know what to do b.c i have been told that they cant find out. but i don't want to go to prison for lying or be barred from ever joining the military if they find out. HELLLPPP!! |
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| Dave (Cape Coral) |
on 20 Jul 2009 at 3:17 pm |
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| Thanks Will for the feedback. My separation from the Navy was a dreadful experience but it did teach me a valuable lesson, think before you drink. |
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| Dezz Hawkins (charleston, s.c. ) |
on 19 Jul 2009 at 6:51 am |
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| I recently went to court for a criminal domestic violance charge and it was dismissed will that charge stop me from getting a secret clearance |
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| William Henderson (Pacific Grove, CA) |
on 19 Jul 2009 at 2:02 am |
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Dave:
You should have nothing to worry about. The adjudicative standards for collateral clearances and SCI are exactly the same for “Alcohol Consumption” and “Criminal Conduct,” which can both apply to your DUI. Your “Loss of Jurisdiction” was probably caused by the submission of an “incident report” (I think they call it a SAR in the Navy) based on your DUI. When a person leaves a job where they held a clearance and there is an incident report on file that has not yet been fully resolved, their clearance status changes from “Active” or “Suspended” to “Loss of Jurisdiction.” In order to get the clearance reinstated through the sponsorship of a new employer, the incident report must first be resolved. Resolution usually involves a new investigation and/or adjudication. If it’s a simple matter a new investigation isn’t necessary, and the incident report will be adjudicated in conjunction with any other relevant material available to the adjudicator. This is what appears to have happened in your case and the adjudication was favorable and your collateral TS clearance was reinstated. Theoretically it is impossible for the same federal agency (for security clearance purposes DOD is a single agency) to favorable adjudicate a DUI for a collateral clearance, then deny SCI eligibility because of the DUI. |
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| Dave (Cape Coral) |
on 16 Jul 2009 at 11:06 pm |
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| I recently was separated in Dec of 08 from the Navy after 10 years due to driving under the influence for the first time.......it can happen to anyone. Due to my bust from E5 to E4 and the HYT requirements, I was forced to separate under honorable conditions and right now I am going through the process of getting a job for a federal contractor as an Arabic Linguist. I had a TS/SCI but ended up getting a loss of jurisdiction (you don't use it, you lose it) when I was going through the process for another contractor. My TS got re-instated and I am going through the process AGAIN for this contractor, I did my CI interview and I am scheduled to do my CI polygraph here pretty shortly but I am still feeling uneasy about the DUI that took place last year. Of course, I was up front about it and told the security officers at the CI screening I was a nimrod for doing such a thing but I just have this feeling that client (who is DOD) will pull the plug on this job venture for me because of the DUI which will be a year old next month. Any contractors or government employees out there that are less than perfect that can elaborate for me or put my mind at ease? |
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| William Henderson (Pacific Grove, CA) |
on 15 Jul 2009 at 1:15 am |
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| johnhhi: For a Secret clearance you only need to list a misdemeanor criminal offense that occurred within the past 7 years, unless the offense involved alcohol, drugs, firearms, or explosives. |
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| SF86 Candidate (WI) |
on 14 Jul 2009 at 6:23 pm |
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I have received a job offer and I am to fill out the SF86 form. Will this document be available for future employers to access? I am very worried about my not so good and not so proud past.
-I got a DUI in 1990, 1996, & 1998.
-I also got a DUI last June that was reduced to a Reckless Driving. I am currently participating in court ordered programs and have been in sobriety ever since.
-I also have been in involved in th possession of pot, but had one charge dropped. These happened over 10 yrs ago.
- I have had a disorderly conduct or 2 over 10 yrs ago.
-Approx 18 yrs ago, I was arrested with another friend for possesion of a molotov cocktail, but later it was reduced to a disorderly conduct as I did not make it.
-Also an LSD possesion over 18 yrs ago.
I'm wondering if I should fill out the SF86 form or should I pass on the job offer? Do yo think I will have problems getting a securtiy clearance? |
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| Bill L. (Annapolis, MD) |
on 14 Jul 2009 at 12:50 pm |
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johnhhi (SC),
The SF 86/eQIP questions under "Police Record" indicate that you can exclude traffic offenses not involving drugs or alcohol if the fine was less than $300. I suggest you go to the police department where you turned yourself in to and get a copy of the report. If alcohol was not reflected in the report/charge/ticket, you can legally not list the offense. If the report indicates alcohol was involved, list the incident and explain things if you are interviewed. |
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| johnhhi (SC) |
on 13 Jul 2009 at 9:31 am |
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I am currently in the process of reenlisting into the Air Force Reserves.
I need to obtain a secret security clearance. I have a question about criminal conduct. I had a misdemeanor leaving the scene in 1994. I hit an unattended parked car and went home. I went the next day and told the police what happened. I had been out with my brother at a bar. I didn''t want to drive home right away so we went and got something to eat to give me time. On the way home I dozed off and hit the car. I was not charged with anything alcohol related. Do I need to list this on my SF86? |
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| William Henderson (Pacific Grove, CA) |
on 11 Jul 2009 at 2:46 am |
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Mark:
Yes it is an issue but a very, very minor one now. After 20 years without any recurrence of criminal conduct, your prior felony charge is fully mitigated. |
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| Mark Gorgas (Grand Rapids, Mi) |
on 04 Jul 2009 at 11:33 am |
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When I was seventeen, over twenty years ago, was arrested and charged as an adult with a felony property crime. It was reduced to two misdemeanors, and I was sentenced to one year of probation. Several years later the judge and prosecuter agreed to dismiss the charge during an expungement hearing. Would this type of situation become a security clearance issue by itself?
Thanks. |
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| Cheryl (SC) |
on 24 Jun 2009 at 3:31 pm |
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Yes, I use to work in Ohio where I had security clearance. I was working for a temporary service at the time so the position I was assigned was only for 6 months. But I did enjoy working there, since that time I have moved and now I am looking for a career within the government or federal government. I would appreciate any feedback from this comment.
Thank you,
Cheryl |
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| nobodyhasit (San Diego) |
on 04 Jun 2009 at 2:02 am |
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| when i was 17 i was charged with 2 felonys and a misdemeanor for trying to break into a car. The case was later dropped in juvenile court. when i was arrested i had my prints taken, but i also had my finger prints taken for jobs and i always come out clean. Right now im a certified nurse assistant, im 18 i want to join the marines and get an aviation job they require a security clearance will i be denied or fail ?? |
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| Cee (MD) |
on 03 Jun 2009 at 11:43 pm |
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Please, I need help. I am really worried.
I have held a TS/SCI clearance for the past 7 years. I have worked for two IC agencies. Recently I accepted a position to go back to the first agency that originally granted me my clearance 7 years ago. However, I have had some changes in my life since I was given a clearance:
1.) I am currently in the middle of a very costly/nasty child support/custody battle with my child's father. It has been going on for over a year. I have had close to 15k in legal expenses. Also, my child's father is still not paying child support and is currently almost 7k in back-child support. As a result, my finances have taken a huge hit. Of my nine credit cards/debts, I am past due on three. I have a small portion of money in my savings account, however, I won't mess with it because every time i turn around I am getting billed by my attorney. The custody of my child is important and I have let a few of my credit cards go past due so that I could have money accessible to pay my lawyer.
2.) Recently I was driving on GW parkway and was pulled over and given a ticket for "reckless driving." I did not hurt anyone, cause damage to another vehicle or to the parkway, nor was I drunk or high or racing. However the officer told me that I was going 30 miles over the speed limit and that VA law stated that anything over 20 miles and hour was "reckless". Honestly, I did not know this rule existed...I am a MD resident. I have never received any type of violation of any sort in the state of VA. I have one point on my license for MD-my home state. The officer gave me a ticket and told me that I must appear in court. He did not care about my reason for speeding...not sure if it matters at this point but I left my job early to get to school to pick my child up by a certain time. I have no history of breaking any type of state or federal laws besides the point that I currently have on my license in MD.
As stated, I am currently being re-investigated...does this mean that they will take my clearance. I am very concerned. |
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| Al (New Mexico) |
on 30 May 2009 at 10:28 pm |
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| I currently hold a secret security clearance with the military in the reserves. I was laid off last year and had no money. I made a huge mistake and was charged with a misdemeanor for grand theft ($500). I completed my community service and the case is done. Will they revoke my clearance and will I be able to renew my clearance? Will it help if I expunge or get it dismissed? |
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| Matt Reeves (Orange County) |
on 20 May 2009 at 1:32 pm |
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I have held Secret clearance between 95'-00' while I was working in the Marines. I would like to check into some opportunities for Government work. However, about two years ago I was convicted of disturbing the peace and carrying a loaded firearm in a vehicle.
Both were misdemeanors and only resulted in a $100 fine and one year probation. The charges were originally felony in nature, but due to lack of evidence to convict me, the DA threw them out and went for the lesser charges. Would this type of criminal activity prohibit me from obtaining a reinstated or new clearance? Thanks Matt |
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| William Henderson (Monterey, CA) |
on 09 May 2009 at 10:37 pm |
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Wes:
Your traffic violations will not result in a clearance denial, unless there were so many that they show a pattern of irresponsible behavior up to the present.
If as part of your deed in lieu of foreclosure, your mortgage lender agrees, in writing, to forgive any deficiency (the amount of the loan that isn't covered by the sale proceeds) that remains after the house is sold, then it should not affect your eligibility for a clearance. In some states lenders are not allow to collect the deficiency balance after a short sale or foreclosure. If you have PMI, the PMI will pay the deficiency. Clearance adjudicators are primarily concerned about unpaid debt. If there is no unpaid debt after a short sale, deed in lieu of foreclosure, or foreclosure, the only other thing they will look at is what caused the foreclosure. In your case it was job loss and reverses in the housing market--both were largely beyond your control (which is a strong mitigating factor for financial problems). |
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| Wes Kuzma (Florida) |
on 04 May 2009 at 7:56 am |
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I am interested in joining the Air Force, and am interested in intel work that would require a top secret security clearance. I have a couple of questions. First, I have multiple traffic tickets, none involved alcohol, 2 were for low speed fender benders, and most of the others were for 45 in a 35 mph and such as that. Will that affect being able to get a top secret security clearance?
My second concern is this: I am 23 years old but have owned my own home since I was 20. I have worked as a manager of the IT Dept at Circuit City for about 3 years, and as a branch manger for Bank of America for 2 years. I have been recently laid off my Bank of America because they are cutting thousands of jobs this year and 15 of the 36 branch managers in my region were just laid off. Because the housing market is totally dead in Florida, I will not be able to sell my house and there are so many empty houses in the area I may not be able to rent it at all. If I do rent it, it would be for about $400 to $500 less than the mortage. With the huge salary cut I would take initially going into the military, I cannot make up this difference every month. My question is this. I have excellent credit now but if I sign my house back over to the mortgage company as a deed in lieu of foreclosure will this appearing on my credit cause me to not be able to get a top secret security clearance? These are the only two concerns that I have regarding getting the clearance needed to do the job. I really need a solid answer to these questions, because I've been told by people in the military that if I join and my clearance is not approved, the military can place me in absolutely any job it chooses.
Thank you for your help, |
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| Frank (Stuttgart, Germany) |
on 14 Mar 2009 at 2:51 pm |
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I had a interim Secret Clearance for a total of 3 years. The clearance closed after 7 months and it was never adjudicated. This was while I was in Iraq. I currently came over to work for a company in Stuttgart, and my clearance was declined and my FSO told me to process a new TS clearance. i did this last month and I am wondering why they can't give me an Interim Clearance. I only had a 2nd valid passport, which I noted to them and I already sent that to DISCO, so I am back to one. I have this passport from my parents being born in a foreign Country. I don't know why they can't give me an interim clearance.
I contacted OPM to find out the results of my Interim Secret clearance since I didn't know why it wasn't adjudicated and I also requested to find out what the next steps are for the TS clearance.
Could anyone know what recourse I may have since I never received a SOR (statement of reason) and I have a completely clean record. No delinquencies, no drugs, or criminal record.
Your thoughts are appreciated. |
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| Eric (Arlington, VA) |
on 18 Feb 2009 at 3:40 pm |
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How can I get a copy of my clearance investigation?
First you must determine who conducted your investigation. The Defense Security Service (DSS) and the Office of Personnel Management (OPM) have conducted ninety percent of all clearance investigations over the past 35 years.
For OPM investigations mail or fax a request with your hand written signature to:
FOI/P, OPM-FIPC
P.O. Box 618
1137 Branchton Road
Boyers, PA 16018-0618
FAX: 724-794-4590
Include the following information in your request:
• Full name
• Social Security Number
• Date of birth
• Place of birth
• Current home address (a Post Office Box is not acceptable; the records are sent by certified mail and require your signature).
For DSS investigations mail a written request with your original notarized signature to:
Defense Security Service
Privacy Act Branch
938 Elkridge Landing Road
Linthicum, MD 21090-2917
Include the following information in your request:
• Full current name
• Any other names you may have used in the past
• Date of Birth
• Social Security Number
• A brief description of the records you are seeking
source: http://www.clearancejobs.com/security_clearance_faq.pdf |
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| James (Illinois) |
on 18 Feb 2009 at 3:24 pm |
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| I recently obtained a job with the Harris Corporation and was set to go to work with the company, until my Interim Security Clearance failed to go through by the DoD. I acquired a Boating OUI 6 years ago and that is all I can think of that would not allow me to acquire a clearance. Nonetheless, I am back to square one on my job hunt and I am upset with the entire system. I am not a habitual offender by any means and want my name to be cleared, in any event can I find out from the DoD why my interim clearance was turned down. Thanks. |
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| Joseph H (San Diego, CA) |
on 05 Feb 2009 at 9:07 pm |
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| I just recently got out of the military after 6 years of service. I left with a secret security clearance, but a few months after getting out I received a DUI. Will my security clearance be revoked? I have a lawyer and I am trying to get the charges reduced but the worst it will be is a misdemeanor. Now I am seeking employment but most jobs require me to have a security clearance. There are a few companies that would like me to work for them but I am hesitant to continue talks with them because I am not sure if I still have a security clearance. I have been reading around the internet and your articles but I only find things about people trying to obtain a clearance not so much about issues with people that already have one. Any information would be great. |
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| Mia Cook (South Carolina) |
on 03 Feb 2009 at 8:47 am |
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| When I was 19 years old, back in 1994, I plead 'no contest' to the charges of aiding/abbeding the sell of cocaine. My lawyer assured me that making a 'no contest' plea meant I was not charged with a felony. The courts sealed my records, and the judge did not sentence me to probation or any fines. I only paid court-cost. Would this hinder my abilities to later gain DoD security clearances? I'm wanting to go to school for Cyber Security and someday work in a Forensics Lab. Thanks for any helpful advice in this matter. |
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| William Henderson (Pacific Grove, CA) |
on 29 Jan 2009 at 12:35 am |
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Karen:
There are only a few things that definitely result in a security clearance denial or revocation and multiple DUIs is not one of them. However, it may be very difficult for you to get a security clearance because of you alcohol use and criminal conduct. See my other article on "Alcohol Consumption and Security Clearances" To get a security clearance an employer will have to sponsor you for the clearance. There will be an investigation that will include a Special Interview with an investigator. During that interview you will have the opportunity to present as much mitigating information as you can. The degree to which you are able to mitigate the Alcohol Consumption and Criminal Conduct concerns listed in the Adjudicative Guidelines will determine whether you are granted a clearance.
See:
Alcohol Consumption and Security Clearances
http://www.clearancejobs.com/news.php?articleID=59 |
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| Alex Fazly (Los Angeles, CA) |
on 28 Jan 2009 at 2:59 pm |
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I worked as a DOD contractor in Afghanistan and got a Final Secret Clearance in 2006 and passed a CI Poly. I had legally changed my name and went to the DMV to change my name.
I took all the papers and answered all the questions and they issued me a different license number with my new name. I went back to Afghanistan and when I returned in 2006 I was charged with felony and arrested. I post bail and a friend at the FBI spoke to the District Attorney in my behalf and assured me that I will be only charged with minor traffic violation. But when I showed up to court without attorney the charge was reduced to Misdemeanor with a fine of $100 and a one year probation. Is this issue going to affect my Clearance status? |
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| Karen Wilson (Newport News Virginia) |
on 28 Jan 2009 at 11:30 am |
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| I was charged with a 3rd offense DUI (felony) last year and I served 6 months in jail. I have been a defense contractor since I was 21 and have held a clearance (secret when needed) for the last 26 years. I have never had a felony before and I plead guilty to the charge because the district attorney said if I did he would only seek the minimum sentence of 6 mos. I have been told by the facility security officer (FSO) at CDI Marine Co. that I would never be able to get a security clearance again. I am working for Northrop Grumman right now on a contract that does not require a clearance doing what I have trained all my life for, structural design for ships. Is this true or can I petition someone or some court to get my clearance back? It was turned in as an adverse incident by CDI Marine, who by the way kept me on roll until 8 weeks before I was released and then told me I was fired. |
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